Article reposted from The Jewish Advocate

Jewish codes of conduct
by Ben Healey - Monday 17 December 2007

Last month, I wrote that the Jewish tradition of social justice – not to mention a universalistic approach to human rights – demands that we respect workers’ right to choose whether or not to join a union, on their own, without fear of retaliation from their bosses. Furthermore, I called out Paul Levy, a community leader and head of Beth Israel-Deaconess Medical Center, for his vocal opposition to one union’s attempt to organize his hospital, suggesting that he is acting out of accordance with that tradition.

As it is said: “Death and life are in the power of the tongue” (Proverbs 18:21). In the case of a union organizing campaign, this could not be more true – with the tongues in question belonging to powerful hospital executives and management more broadly. If those in power in the workplace verbally campaign against unionization, then workers who want to organize will undoubtedly feel that their efforts come at the risk of their jobs, their income, their ability to provide for themselves and their families. Mr. Levy did respond to my earlier piece, but only by quoting his unilateral, unenforceable code of conduct as proof that he was going to let his employees choose for themselves. But as any high school debater worth his salt can tell you, one well-worded statement does not unmake a history of negative action. For example: a few years ago the BIDMC, under Mr. Levy’s direction, ran a scorched-earth campaign against skilled maintenance workers who were trying to form a union. Furthermore, the hospital has put on retainer one of the most notorious union-busting law firms in the country (Foley & Lardner) and has recently appointed one of its partners to its CareGroup Board. And in his very own blog postings, Mr. Levy has sought to obfuscate the fact that he is committed to using hospital dollars to fund anti-union activities by refusing to state simply, “The BIDMC will not use patient care dollars – or any dollars, for that matter – to stop our employees from exercising their own free choice.” Nonetheless, I do agree with Mr. Levy on one central point – a code of conduct is necessary.

In fact, the union seeking to organize the hospital – 1199SEIU – has asked that the management of Boston’s not-yet-union hospitals agree to just that: a Free and Fair Election Code of Conduct – free for workers to make up their own minds, under fair secret ballot voting conditions.

Mr. Levy’s code would allow managers to campaign anywhere and anytime, on work time, to influence caregivers’ votes, and gives managers full reign to take workers away from the bedside in their efforts to do so. That’s not a recipe for an evenhanded election process. It is a stacked deck. One of the overriding themes of our tradition is the centrality of dialogue – from Moses’ back-and-forth with God to the Talmudic rabbis and on down to today. We don’t solve problems in the Jewish community by fiat. Rather than acting unilaterally, BIDMC administrators need to sit down with 1199SEIU and work out a process that both sides can agree is free and fair, so that employees can choose for themselves.

Ben Healey is a co-coordinator of the Moishe/Kavod Jewish Social Justice House and on the board of the New England Jewish-Labor Committee. He can be reached at benjaminghealey@gmail.com.